Benzene Exposure Lawyer In Bakersfield

There are more than 38 million residents in the State of California. It leads the nation in population for a single state, and the state’s geographical size is the third largest. The number of businesses that use California as a base for manufacturing continues to grow each year. With jobs and population continuing to increase, the number of worker’s compensation cases filed each year grows, which can be attributed to the per capita increase. Most employees understand the issues they face regarding workplace hazards and potential injuries. There is one hazard that people rarely think about, and it is one of the most dangerous. It is Benzene exposure.  It is a liquid chemical commonly used in various manufacturing processes and industries. It is also a key ingredient in a large number of consumer products available over the counter. It is unlikely that consumption of a product that has benzene in it will cause any illness, but it does not change the fact that benzene is a carcinogen, and there are a number of illnesses from repeated exposure that someone might get. Some of those illnesses result in cancer and can lead to death.

If you work in a facility that uses benzene to produce materials or goods, Kenmore Law Group wants you to know there is an opportunity for serious workplace injury if you get exposed or poisoned. It is used in the creation of pharmaceutical products, as well as in daily use items such as makeup, paint thinner and remover, and some adhesives and cleaning products. Industries like chemical manufacturing and natural gas extraction also use benzene as part of the process. It can also be found in smaller amounts if you work around car exhaust and 2nd hand smoke in casinos and bars, where it is still legal to smoke. You should be very careful when working around benzene, regardless of the safety protocol being used. If you are ill because of benzene exposure and need to file a worker’s comp claim, there is going to be an interest in determining how much you were exposed to and how. There will also be an investigation into how it happened.

Being situationally aware of your work environment at all times is a critical job skill when you work in an industry that has high-risk hazards as part of your daily job. If you get hurt while working, the employees of all California based companies are insured by the worker’s compensation program. When you need help with anything involving worker’s compensation, please call the team at Kenmore Law Group. We are ready to assist you, regardless of your needs. It doesn’t matter what your questions are or how many you might have, or what process we can help you with. If your first call to one of the experienced legal team members doesn’t answer all the questions, we will schedule you a free initial consultation with a benzene exposure lawyer in Bakersfield. They will gather information about the accident and your illness, and review the system and benefits with you.  A critical item the lawyer will tell you about the worker’s compensation system immediately is that you have a time limit to get a claim filed with worker’s comp.

The Time Limit To File A Worker’s Compensation Claim In California
In the standard injury cases, you have 30 calendar days to file a claim with worker’s compensation insurance program for workplace injuries. The time limit is counted from the day of your injury. Some illnesses due to being exposed to benzene will have a different time limit, pending the details around the illness and its cause. Please get in touch with the legal team at the Kenmore Law Group as soon as possible. We are ready to assist you in opening your claim before the deadline expires. If you should wait more than 30 days before filing a claim, it will likely be denied. The 30-day period is firmly enforced, but there are some exceptions to it regarding what are called cumulative trauma injuries.

What Is The Difference Between Benzene Exposure and Benzene Poisoning?
In simple terms, benzene poisoning is what is called an acute case of contact. The definition of acute is a significant amount in a short timeframe. The symptoms for benzene poisoning are usually limited to some form of dizziness and headaches, a mild case of nausea, and potentially vomiting. A prolonged acute poisoning encounter may also cause unconsciousness.

Benzene exposure is the opposite. It is defined as exposure to minimal amounts repeatedly over a long period of time. The severity of the exposure is determined by the amount and the frequency of exposure, as well as the length of time it has been happening. The symptoms can be the same, but are often so mild you may not notice them at all. Over time, though, the result is much worse. It can lead to different kinds of blood disorders, causing cancer like leukemia, damage to your bone marrow, as well as suppression of your immune system. The diseases are Myelodysplastic Syndrome (MDS) and Acute Myelogenous Leukemia (AML). The result of these illnesses at their worst is death. Benzene exposure is still covered by worker’s compensation, though with a slightly different diagnosis and rule set. This is an example of what was mentioned earlier, injury due to cumulative trauma.

What Is Cumulative Trauma?
Injuries that can be linked to a repeated activity, eventually showing up and needing treatment, are diagnosed as the result of cumulative trauma. This kind of injury is not restricted by the standard 30-day time limit from the date of the incident. It is eligible for treatment under worker’s compensation, but there is a different time limit for this kind of illness. An illness, injury, or even cancer, diagnosed as a result of cumulative trauma, has a time limit of 1 year to file a claim with worker’s compensation. It starts on the date of the first day of work you miss due to the illness. Kenmore Law Group can help you get this process started and dealt with.

What Are MDS And AML?
MDS and AML are different types of a related blood cancer. MDS comes from the benzene impacting your bone marrow, which damages your DNA in stem cell production within the bone marrow. It is almost always slow in progression, and there are treatments available to help battle it. AML is a more aggressive and faster-growing form of cancer and can develop from MDS, though that is not always the case. It can take years after initial exposure for AML to appear, and it is very difficult to treat the leukemia.

The California Worker’s Compensation Program And Benzene Injuries
If your benzene illness happened at work while doing your job, it will be covered. There is nothing special or unique when it comes to how worker’s compensation handles claims involving benzene poisoning or exposure. It is imperative that you seek medical attention if you believe that you were exposed to benzene, even if for only a brief period of time in a small time frame. It is crucial that you adhere to the safety standards established by your employer. You should already have the habit of maintaining your safety equipment, too. Benzene is extremely dangerous at any amount, and it is going to be important to find out how you were exposed. Many people will think benzene is not really dangerous, mostly because of how many products it is used in. That is simply incorrect.

The Key Benefits Provided By The Worker’s Compensation Insurance In California
Below is a brief list of the key benefits provided to the employees of California based companies by worker’s compensation. It is not a complete list of every benefit available. The coverage provides the following:

• 1 million dollars for coverage of any medical expenses related to the diagnosis and treatment of your exposure on a per incident basis
• 66% of your regular weekly earnings are paid if the injuries force you to miss work during treatment or if you find yourself hospitalized in the short term
• Disability payments if your injuries result in any restrictions that will reduce or eliminate your ability to work long term
• Death benefits of up to $330,000 for your dependents. The total amount varies and is determined using the number of dependents. This includes a lump sum of up to $10,000 for funeral or cremation arrangements

Can My Family File A Claim For Worker’s Compensation Death Benefits?
Dependents of the deceased can file for a death benefit with the worker’s compensation insurance program in the State of California, either using legal representation or directly. The immediate family is also the only eligible recipient of the death benefit. Worker’s comp has a one year time limit to file, and it starts on the day of the death of the employee who was covered.

Dependents fall into two different categories: total or partial. Total dependents are typically entirely dependent financially on the deceased and do not have to prove this dependency. They are:

• Any surviving spouse or domestic partner who is registered whose earnings were less than $30,000 total in the previous 12 months
• Any children under the age of 18
• Children of any age who are unable to earn a living because they are mentally or physically incapacitated

Partial dependents must provide documentation that proves the financial dependency. Examples of partial dependents are:

• Any surviving spouse or domestic partner who is registered whose earnings were greater than $30,000 total in the previous 12 months
• Any children over the age of 18, including stepchildren or any adopted children
• The deceased family member’s parents or grandparents
• Any other extended family members, including brothers, sisters, aunts, uncles, or grandchildren

Can My Employer Be Sued For My Workplace Injuries?
Generally, any employee who is injured at work is not permitted to sue their employer. The worker’s comp program is considered an exclusive remedy for all workplace injuries and benefits. This definition means that negligence on the part of the employer does not need to be proven to receive benefits. An exception to barring a lawsuit is if the employer is guilty of gross negligence and they can be shown to have caused the accident or created the hazard through willful misconduct or reckless disregard for the safety of others.

If you do bring a lawsuit, you are not permitted to sue for expenses that have been reimbursed or paid. For instance, items like your medical bills or lost wages cannot be sued for. What you can sue for is anything not covered. Examples of this would be the 34% of your weekly income not covered by worker’s compensation.

Can My Family Sue For Wrongful Death After Receiving The Worker’s Compensation Death Benefit?
Yes, a family can sue for wrongful death if there is a responsible 3rd party. If the target of the lawsuit is your employer, then, similar to an employee bringing suit, only in the case of gross negligence. There are some rules that the family will be required to follow. The most significant of these rules is that the lawsuit can only be filed by surviving immediate family members. They cannot sue for benefits they may have already received from other insurance, including worker’s compensation.

Are There Upfront Expenses To Get Representation When Dealing With Worker’s Compensation?
When you contact Kenmore Law Group for assistance or representation, we will not ask you for any upfront legal fees. If we fail to win your case, you will not incur any charges. Please get in touch with Kenmore Law Group when you need a benzene exposure lawyer in Bakersfield.